It is probably a well-known fact that on February 25, the President of Ukraine signed Decree No. 69/2022 ” On General Mobilization “, which announced a general and open mobilization. Since then, many individuals face the problem of conscription, when they actually cannot be in the service for various reasons. That is why the question of postponement of the draft during mobilization remains particularly relevant to this day.
WHO IS ENTITLED TO DEFERMENT DURING MOBILIZATION?
The categories of persons who have the right to receive a deferral during mobilization are provided for in Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”.
For your convenience, we analyzed Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” and prepared for you an easy-to-understand list of persons who are not subject to conscription during mobilization:
The list given by us is simplified and does not cover all life situations and possible circumstances. Each specific case needs to be analyzed in detail for compliance with Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” in order to understand whether it is possible to get a postponement of the draft during mobilization.
HOW TO EXERCISE YOUR RIGHT TO POSTPONEMENT DURING MOBILIZATION?
If you are not subject to the draft during mobilization according to the law, this does not mean that you automatically have a deferral. In order to receive a deferment from the draft during mobilization, if there are conditions for this, you need to submit an application for a deferment and attach documents to it that confirm that you are not really subject to the draft.
Such an application must be submitted to the territorial recruitment and social support center (military commissariat) at the place of military registration or conscription. You can apply for a postponement when you receive a summons or when you need to get a mark in military registration documents for going abroad.
It is worth remembering that you can get a postponement of the draft on the basis of Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization” only until the moment of acquiring the status of a military serviceman. After enlisting in the personnel of a military unit, you will not be able to submit an application for deferment, even if you have a reason for it.
If you have any questions about deferment or you need help in submitting an application for deferment from conscription, the lawyers of Bachynskyi and Partners JSC will be happy to investigate your circumstances and provide qualified legal assistance.